Gross v. New York City Alcoholic Beverage Control Board

Order unanimously reversed on the law, with $20 costs and disbursements to the appellant, the motion to dismiss the petition is denied, with $10 costs, and leave is granted to respondents to serve an answer and affidavits, if so advised, within 20 days after service of the order entered herein, with notice of entry. Rule 45 of the Rules of the State Liquor Authority does not limit the number of licenses that may he issued in the class involved. Rather than establishing a limit on the number of licenses to be issued it merely changes the manner of their issuance. Setting' up certain or new…